Patricelli said, according to the police statement, "If I had a big enough problem with you I would break your jaw," Ahearn informed Arnold.

"Saying 'If I had a big enough problem' gives no indication there was a threat toward Mr. Gorman," Ahearn said.

The attorney also argued that it was only said once and in a phone conversation.

"A single phone call does not imply a threat; repeated calls might, but not just one conversation," Ahearn argued.

Assistant District Attorney Rita Romani said the incident meets the threshold of an A-level misdemeanor.

"It's how the victim feels and whether it's a true threat is a question for a jury," she said.

Ahearn noted that Patricelli and Gorman were essentially brothers-in-law. Gorman's sister and Patricelli lived together for 20 years and have a child in common; a falling out in that relationship may have led to a family squabble, he said.

As the court hearing began Thursday, Arnold held up a large, sealed envelope his office received recently regarding the case. The judge allowed Ahearn and Romani to go to another room briefly to view the document. When they returned, Arnold was informed that it was a multi-page, typed letter from Gorman laying out his side of the story. Arnold ruled the document should be sealed for now.

The jail has been the center of recent high-profile scandals and Ahearn suggested that Democratic District Attorney Richard McNally is pushing the Patricelli case to further embarrass Republican Sheriff Jack Mahar.

McNally denied politics had anything to do with the prosecution. Ahearn also suggested that both McNally and Arnold should recuse themselves from the case.

Patricelli was to be arraigned on March 11 but at that time Arnold agreed to Ahern's request for a postponement.

The assistant district attorney in the courtroom that night called McNally, who drove to the courtroom and argued that the arraignment should not be adjourned and asked the judge to have Ahearn and his client return for arraignment.

The judge had Ahearn and Patricelli contacted, but Ahearn refused to return, citing family responsibilities.

Ahearn alleges that McNally and Arnold, who is not a lawyer, had "substantive" conversations regarding the case outside of the defense's presence and asked Arnold to recuse himself.

Arnold said he would render decisions on his recusal and the motions for dismissal of charges in a week.